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A Lagos Federal High Court presided by Justice Saliu Saidu Tuesday ordered the destruction of 14-container loads of proscribed drug, Tramadol, confiscated at Apapa Wharf, Lagos, by the Nigerian before the court for the destruction of the said drug by the NCS’s lawyer, Mr. Ogunlowo Bisi.
Justice Saidu gave the order while granting an exparte application filed by the Customs Services (NCS).
Praying the court for the order, the Customs’ lawyer said the order sought from the court was brought pursuant to Order 26, Rule 8(1) of the Federal High Court (civil procedure) Rules 2009 and provision of Sections 167 and 169(1) and Schedule 3 of the Nigerian Customs Services Management Act Cap. C.45 OF the Laws of the Federation of Nigeria 2004.
The agency had asked the court for an order authorising it to destroy the content of all 14 containers as listed in the schedules marked “A” annexed to the Affidavit in support of the motion be condemned as forfeiture to the Federal Government.
After entertaining the submission of the Customs’ lawyer, Justice Saidu said, “I have listened to the submission of the counsel as well as gone through the affidavit in support of the application and the written address and the attached exhibits. The application is hereby granted as prayed.”
The agency, in an affidavit support of the exparte application deposed to by Dabaj U. H., an Assistant Comptroller of Customs (AC) and an Officer in Legal Section, Apapa Area Command of the Nigeria Customs Services, Apapa, Lagos, stated that in the course of effecting the assigned role and carrying out their official duties Customs personnel particularly between February 20, 2018 and September 28, 2018, intercepted and apprehended from smugglers all the goods itemised and specimen in the schedule hereto annexed to this affidavit for various Customs offences and contravention of the provision of the Customs & Exercise Management Act (CEMA) while perpetrating such unlawful acts.
He stated that apart from acts of smuggling, fraudulent evasion of duty, some of the defaulters brought in outright unlawful and prohibited items, which are so classified by the Customs Law and provisions.
He also said that Ogunlowo, S. B. the counsel informed him that because of the severity of the penalty and sanction attached to the offence, the smugglers and the defaulter along with their collaborators, have refused and/or failed to come forward to claim the goods most of which are Tramadol, from the Nigeria Customs Service thereby abandoning same to date.
He added that from the dates of seizure of the said drug, nobody has come forward to claim ownership and that an order of the court is required to empower the Nigeria Customs Service Board to destroy and dispose of the Tramadol contained in all the containers.
Justice Saidu gave the order while granting an exparte application filed by the Customs Services (NCS).
Praying the court for the order, the Customs’ lawyer said the order sought from the court was brought pursuant to Order 26, Rule 8(1) of the Federal High Court (civil procedure) Rules 2009 and provision of Sections 167 and 169(1) and Schedule 3 of the Nigerian Customs Services Management Act Cap. C.45 OF the Laws of the Federation of Nigeria 2004.
The agency had asked the court for an order authorising it to destroy the content of all 14 containers as listed in the schedules marked “A” annexed to the Affidavit in support of the motion be condemned as forfeiture to the Federal Government.
After entertaining the submission of the Customs’ lawyer, Justice Saidu said, “I have listened to the submission of the counsel as well as gone through the affidavit in support of the application and the written address and the attached exhibits. The application is hereby granted as prayed.”
The agency, in an affidavit support of the exparte application deposed to by Dabaj U. H., an Assistant Comptroller of Customs (AC) and an Officer in Legal Section, Apapa Area Command of the Nigeria Customs Services, Apapa, Lagos, stated that in the course of effecting the assigned role and carrying out their official duties Customs personnel particularly between February 20, 2018 and September 28, 2018, intercepted and apprehended from smugglers all the goods itemised and specimen in the schedule hereto annexed to this affidavit for various Customs offences and contravention of the provision of the Customs & Exercise Management Act (CEMA) while perpetrating such unlawful acts.
He stated that apart from acts of smuggling, fraudulent evasion of duty, some of the defaulters brought in outright unlawful and prohibited items, which are so classified by the Customs Law and provisions.
He also said that Ogunlowo, S. B. the counsel informed him that because of the severity of the penalty and sanction attached to the offence, the smugglers and the defaulter along with their collaborators, have refused and/or failed to come forward to claim the goods most of which are Tramadol, from the Nigeria Customs Service thereby abandoning same to date.
He added that from the dates of seizure of the said drug, nobody has come forward to claim ownership and that an order of the court is required to empower the Nigeria Customs Service Board to destroy and dispose of the Tramadol contained in all the containers.
